THE PEOPLE V JACK VAN DE VIVER
Motion No: 1007-08
Slip Opinion No: 2009 NY Slip Op 85830(U)
Decided on October 2, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 2, 2009

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, FAHEY, AND GORSKI, JJ.

MOTION NO. 1007-08
KA 07-01184
Indictment No: 06C-124

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JACK VAN DE VIVER, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 14, 2008 affirming a judgment of Oswego County Court rendered, March 30, 2007,

Now, upon reading and filing the affidavit of Jack Van De Viver sworn to April 20, 2009, and the statement of Jack Van De Viver dated July 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Hannah Stith Long dated May 26, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: October 2, 2009

Patricia L. Morgan, Clerk